Judge: Elaine Lu, Case: 25STCV03312, Date: 2025-05-09 Tentative Ruling

Case Number: 25STCV03312    Hearing Date: May 9, 2025    Dept: 9

The proof of service that Plaintiff filed on 5/2/25 reflects service of the operative summons and complaint by mail and email – not personal service or substitute service or any other means authorized for service of a summons and complaint.  Service by mail or email is insufficient because Defendants have never appeared in this action.

Plaintiff’s Counsel has failed to file proof of service of the Operative Summons and Complaint on all named defendants, including SAWTELLE MGMT, LLC and GREENHOUSE ORGANICS, INC.

The Court reminds the parties that ultimately, the Court may not enter default judgment in an amount exceeding the amount demanded in the Complaint.  (CCP 585(b).)  The Court may not grant relief not demanded in the complaint by default judgment even though that relief otherwise would have been proper. (CCP § 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018 (default judgment for sum in excess of that demanded in complaint is void).  “It is fundamental to the concept of due process that a defendant be given notice of the existence of a lawsuit and notice of the specific relief which is sought in the complaint served upon him.” (Marriage of Lippel (1990) 51 Cal.3d 1160, 1166 [emphasis added].)  Thus, for example, where the complaint does not request attorney fees, the court cannot award fees against a defaulting defendant. It makes no difference that the fees are awardable by statute. (Feminist Women's Health Ctr. v. Blythe (1995) 32 Cal.App.4th 1641, 1675).  Accordingly, prior to seeking any Defendant’s default, Plaintiff may wish to review the operative Complaint for whether the operative Complaint gives notice of the amount of damages that Plaintiff seeks to recover; if the operative Complaint fails to do so, it may be futile for Plaintiff to seek entry of Defendant’s default without first amending the Complaint to clearly state and give notice of the amount of damages that Plaintiff is seeking to recover.  In the event that Plaintiff wishes to amend the Complaint for this purpose, the Court hereby lifts the stay to grant leave to amend the operative complaint.  If Defendant fails to respond upon being served with the Second Amended Complaint, a request for entry of Defendant’s default on the Second Amended Complaint may then possibly lead to a request for entry of default judgment in an amount equal to or less than that stated in the Amended Complaint.

No later than July 3, 2025, Plaintiff’s Counsel must: (a) file either proof of service of the Operative Summons and Complaint on SAWTELLE MGMT, LLC and GREENHOUSE ORGANICS, INC. or a declaration explaining the failure to file proofs of service of the operative Summons and Complaint on SAWTELLE MGMT, LLC and GREENHOUSE ORGANICS, INC., setting forth any and all efforts undertaken to attempt service of the operative Summons and Complaint on SAWTELLE MGMT, LLC and GREENHOUSE ORGANICS, INC., and explaining why sanctions (including monetary sanctions of at least $1,000) should not be imposed for failure to file proof of service of the operative Summons and Complaint on all of the named defendants, in compliance with California Rules of Court, Rule 3.720; or (b) file a Second Amended Complaint that gives notice of the amount of damages that Plaintiff will be seeking to recover in the event of a default and default judgment, and file proof of service of the operative amended complaint and amended summons. 

Failure to file proof of service of the Operative Summons and Complaint on SAWTELLE MGMT, LLC and GREENHOUSE ORGANICS, INC. by July 3, 2025 may result in the Court setting an OSC re sanctions.

The previously imposed stay on discovery remains in effect.

The Initial Status Conference is continued to July 11, 2025 at 10:00 am.  If Defendant appears before then, the parties are to file a Joint Initial Status Conference Report by no later than July 3 2025 in compliance with the Court’s Initial Status Conference order.

Plaintiff is ordered to download this minute order as well as the Initial Status Conference order, give notice to all other parties, and file proof of service of such.